General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following terms have the following meanings:

Cancellation period: the period during which the consumer can exercise their right of cancellation;

Consumer: a natural person who is not acting in the course of their profession or business and who enters into a distance contract with a trader;

Day: a calendar day;

Continuing performance contract: a distance contract for multiple products and/or services whose delivery and/or performance is spread out over time;

Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally and to reproduce it unchanged.

Right of withdrawal: the right of the consumer to withdraw from a distance contract within the withdrawal period.

Trader: a natural or legal person who offers products and/or services to consumers from a distance.

Distance contract: a contract concluded exclusively through the use of one or more means of distance communication, whereby the contract is concluded in a sales program organized by the entrepreneur for the distance sale of products and/or services, before the contract is concluded.

Means of distance communication: any means that can be used to conclude an agreement without the simultaneous physical presence of the consumer and the trader.

General terms and conditions: the general terms and conditions applicable to the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name: DCP Commcerce

Chamber of Commerce number: 93450796

Trade name: DCP Commcerce

VAT number: NL005018160B27

Customer service email address: Info@harlowandhale.com

Article 3 – Applicability

These general terms and conditions apply to all offers made by the entrepreneur and to all distance contracts and orders between the entrepreneur and the consumer.

Before concluding a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the general terms and conditions are available from the entrepreneur and that they will be sent free of charge at the consumer's request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the conclusion of the distance contract, be provided to the consumer in such a way that the consumer can easily store them on a data carrier. If this is not reasonably possible, the consumer shall be informed before the conclusion of the distance contract where the general terms and conditions are available electronically and that they will be sent to him free of charge, electronically or in another manner, at the consumer's request.

If, in addition to these general terms and conditions, specific product or service terms and conditions apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of a conflict, the consumer may always invoke the provision that is most favorable to him.

If one or more provisions of these general terms and conditions are or become invalid in whole or in part at any time, the agreement and these terms and conditions shall remain in force for the remainder and the relevant provision shall be replaced immediately by mutual agreement with a provision that corresponds as closely as possible to the meaning of the original provision.

In cases where these general terms and conditions do not apply, a decision will be made in the spirit of these general terms and conditions.

In case of doubt about the interpretation or content of one or more of these terms and conditions, they will be interpreted in the spirit of these general terms and conditions.

Article 4 – Offer

If the offer has a limited period of validity or is subject to certain conditions, this will be explicitly stated in the offer.

The offer is not binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors in the offer are not binding on the entrepreneur.

All images, technical data, and other information in the offer are indicative and cannot be used as grounds for compensation or termination of the agreement.

Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors in the images exactly match the actual colors of the products.

Each offer contains information that clearly indicates to the consumer the rights and obligations associated with the acceptance of the offer. This applies in particular to:

the price, excluding customs duties and import taxes. These additional costs are at the expense and risk of the customer. The postal and/or courier service uses a special postal and courier service schedule for imports. This schedule applies to the import of goods into an EU country, which in this case is the destination. The postal and/or courier service will charge the recipient of the goods the following costs: value added tax (possibly together with the invoiced customs costs);

any shipping costs;

the conclusion of the contract and the measures necessary for its conclusion;

the application of the right of withdrawal;

the method of conclusion of the contract;

the terms of payment, delivery, and performance of the contract; the time limit for acceptance of the offer or the period during which the trader guarantees the price;

the price of the distance communication, if the costs of using the means of distance communication are calculated in a manner other than the normal basic price of the means of communication;

whether the contract will be archived after conclusion and, if so, how the consumer can access the contract;

the manner in which the consumer can check the information provided by him when concluding the agreement and, if he so wishes, correct it;

the languages in which the contract may be concluded, with the exception of Dutch;

the code of conduct to which the trader is bound and the manner in which the consumer can consult this code electronically; and

the minimum duration of the distance contract in the case of contracts for the supply of goods.

Optional: available sizes, colors, types of materials.

5 § Agreement

Unless otherwise specified in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out in the offer.

If the consumer has accepted the offer electronically, the business shall immediately confirm receipt of the acceptance by electronic means. As long as the business has not confirmed receipt of this acceptance, the consumer may withdraw from the agreement.

If the agreement is concluded electronically, the company shall take appropriate technical and organizational measures to ensure the electronic transfer of data and a secure network environment. If the consumer can pay electronically, the company shall take appropriate security measures.

The entrepreneur may, within the limits of the law, obtain information about the consumer's ability to fulfill his payment obligations and about all factors that are important for the conclusion of a responsible distance contract. If, on the basis of this assessment, the trader has reasonable grounds not to enter into the contract, he is entitled to refuse the order or request, stating the reasons, or to impose special conditions on the execution of the contract.

The trader shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer on an accessible, durable medium:

1. the address of the place where the consumer can lodge complaints
   
2. the conditions and manner in which the consumer can exercise his right of withdrawal, or a clear statement that the right of withdrawal is excluded
   
3. information about guarantees and existing after-sales services
   
4. the information referred to in Article 4, third paragraph, of these terms and conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract
   
5. the conditions for terminating the contract, if the contract has a duration of more than one year or is concluded for an indefinite period.
   

In the case of a continuous supply, the provisions of the previous paragraph shall only apply to the first delivery.

Each contract is concluded subject to the availability of the products concerned in sufficient quantities.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement within 14 days without giving reasons. This withdrawal period begins on the day on which the consumer receives the products or the representative designated by the consumer and notified to the company in advance.

During the cooling-off period, the consumer must handle the product and packaging with care. He may only open or use the product to the extent necessary to assess whether he wishes to keep it. If the consumer exercises his right of withdrawal, he must return the product with all accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the seller.

If the consumer wishes to exercise his right of withdrawal, he must notify the seller within 14 days of receiving the product. The consumer must notify the seller of this in writing/by email. Once the consumer has notified the seller of his intention to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered products have been returned to the place of origin in time. This can also be done directly to our supplier in China. The customer can do this, for example, by sending proof of shipment.

If the customer has not informed us of their wish to exercise their right of withdrawal within the periods specified in paragraphs 2 and 3, or has not returned the product to the seller within this period, the purchase is final.

7 § Costs of the right of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are entirely at the expense of the consumer. Please note that this also applies to returns to the country of origin, i.e. to our supplier in China.

If the consumer has paid the amount, the seller will refund this amount as soon as possible, but no later than 30 days after the cancellation. However, this requires that the online store has already received the product or that documents can be provided showing that the product has been returned in full.

8 § Exceptions to the right of withdrawal

The company may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the company has clearly stated this in the offer, in any case in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products that

1. have been manufactured by the trader according to the consumer's specific requirements;
   
2. are clearly personal in nature;
   
3. cannot be returned due to their nature;
   
4. are liable to deteriorate or expire rapidly;
   
5. whose price is determined by fluctuations in the financial market over which the trader has no influence;
6. in the case of loose-leaf publications and magazines;
   
7. in the case of audio and video recordings and computer software, when the consumer has opened the packaging.
   
8. in the case of hygiene products, when the consumer has opened the packaging.
   

The right of withdrawal is excluded only for the following services:

1. for accommodation, transport, catering services or leisure activities that must be performed on a specific date or during a specific period;
   
2. for which the performance has begun with the consumer's express consent before the end of the withdrawal period;
   
3. relating to betting and lottery games.
   

Article 9 – Price

The prices of the products and/or services offered during the offer period will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services whose prices are linked to fluctuations in the financial markets over which the trader has no influence at variable prices. This link to fluctuations and the fact that the prices quoted are indicative prices shall be stated in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory or administrative provisions.

Price increases within three months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to them and:

1. they are the result of statutory or administrative provisions; or
   
2. the consumer has the right to terminate the agreement from the date on which the price increase takes effect.
   

The place of delivery is the country where transport begins, in accordance with Article 5, paragraph 1, of the Turnover Tax Act of 1968. In this case, delivery takes place outside the EU. Accordingly, the postal or courier service will charge the buyer import tax or customs duties. The contractor therefore does not charge turnover tax.

All prices are subject to printing and typing errors. We are not liable for the consequences of printing and typing errors. In the event of printing and typing errors, the contractor is not obliged to deliver the product at the incorrect price.

10 § – Conformity and warranty

The contractor guarantees that the products and/or services are in accordance with the agreement, the requirements stated in the quotation, reasonable quality and/or performance requirements, and the laws and regulations applicable at the time of the agreement. The contractor also guarantees that the product is suitable for other than normal use.

The warranty provided by the contractor, manufacturer, or importer does not affect the consumer's statutory rights and claims against the contractor under the agreement.

Any defects or faulty products must be reported to the contractor in writing within 30 days of delivery. The products must be returned in their original packaging and in new condition.

The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the ultimate suitability of the products for individual use by the consumer, nor for any advice on the use or application of the products.

The warranty is not valid if:

The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by a third party;

The delivered products have been exposed to unusual circumstances or have otherwise been handled carelessly or contrary to the instructions of the contractor and/or the instructions on the packaging;

The defect is wholly or partly attributable to regulations imposed or to be imposed by the government with regard to the nature or quality of the materials used.

11 § Delivery and execution

The contractor will exercise the utmost care in accepting and executing orders for products.

The place of delivery is the address provided by the consumer to the company.

Unless otherwise specified in Article 4 of these general terms and conditions, the company will deliver accepted orders within a reasonable period of time, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed or the order cannot be delivered or can only be delivered in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and to claim compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur is obliged to refund the consumer as soon as possible, but no later than 30 days after termination.

If delivery of the ordered product proves impossible, the entrepreneur will endeavor to make a replacement product available. At the latest upon delivery, it will be clearly and completely stated that a replacement product is being delivered. The right of withdrawal does not apply to replacement products. Any return costs are at the expense of the entrepreneur.

The risk of damage and/or loss of the products remains with the entrepreneur until the products have been delivered to the consumer or to a representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration, termination, and extension of fixed-term agreements

Termination

The consumer may terminate an agreement for a fixed period for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraph at any time:

at any time, without being bound by a specific date or term;

at least in the same manner as he has used them;

always with due observance of the notice period that the trader has set for himself.

Extension

A fixed-term contract for the regular supply of products (including electricity) or services cannot be tacitly extended or extended for a fixed period.

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of newspapers, magazines, periodicals, and periodical publications may be tacitly extended for a fixed period of no more than three months, provided that the consumer can terminate this extended contract at the end of the extended period with a notice period of no more than one month.

A fixed-term contract for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract relates to the regular delivery of daily newspapers, news magazines, weekly newspapers, and magazines, but less frequently than once a month.

A fixed-term contract for the regular delivery of newspapers, news magazines, weekly newspapers, and magazines on a trial basis (trial subscription or introductory subscription) shall not be tacitly renewed but shall automatically terminate at the end of the trial or introductory period.

Duration

If the agreement has a term of more than one year, the consumer may terminate the agreement at any time after one year, subject to a notice period of no more than one month, unless fairness and reasonableness preclude termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the consumer's claim is payable within seven working days after the end of the cooling-off period referred to in the first paragraph of Article 6. In the case of an agreement to provide services, this period starts from the moment the consumer receives the confirmation of the agreement.

The consumer is obliged to inform the company immediately of any incorrect or incomplete payment details.

If the consumer fails to pay, the company is entitled to claim reasonable costs, which will be communicated to the consumer in advance, unless otherwise provided by law.

14 § Handling of complaints

Complaints about the performance of the agreement must be submitted to the company within 7 days after the consumer has discovered the shortcomings and must be complete and clearly described.

Complaints addressed to the company must be answered within 30 days of receipt. If the handling of the complaint requires more time, the company will respond within 30 days by confirming receipt of the complaint and informing the consumer when he can expect a more detailed answer.

If the complaint cannot be resolved amicably, a dispute arises that can be submitted to a dispute resolution procedure.

The complaint does not suspend the contractor's obligations, unless the contractor indicates otherwise in writing.

If the contractor considers the complaint to be justified, it will replace or repair the delivered products at its own discretion and at no cost.

15 § Disputes

Agreements between the contractor and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies to consumers residing abroad.